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(영문) 광주고등법원 2016.08.19 2016나72
매매대금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. On October 22, 2001, the Plaintiff established a golf course construction company D (limited to the co-defendants of the first instance trial; hereinafter “D”) on October 22, 2001, with the intention of constructing and operating a golf course on the neighboring land, and the Plaintiff promoted the golf course construction project on July 18, 2006, by taking office as the representative director.

B. On September 6, 2005, the Plaintiff concluded a contract under the name of D representative director to sell all rights related to the above golf course construction business (hereinafter “instant business rights, etc.”) (hereinafter “instant sales contract”) to the Defendant (hereinafter “instant sales contract”).

A sales contract: A representative director A (Plaintiff) of H representative at H-si, Seoul Special Metropolitan City, Nam-gu, Seoul Special Metropolitan City, I 201 Dong 107, shall enter into a contract as follows:

C. Foods

1. Goods for sale;

(a) Indication of real estate: The entire transfer of the right to purchase the use and profit, the preferential purchase right, and the right to purchase the real estate of the above real estate of the size of 100,556 square meters in Pyeongtaek-gun, Chungcheongnam-gun, the area of which is 49,425 square meters in the same Dong, the area of 7,541 square meters in the same Dong in the same Dong, the area of 19,68 square meters in the same Dong in the same Dong, the area of 17,658 square meters in the same Dong in the same Dong in the same Dong, the area of 17,058 square meters in the same Dong in the same Dong in the same Dong in the same Dong in the same Dong in the same Dong in the same Dong in the same Gu in the same manner

(b) A’s right to permit and all the rights related to the golf course business being constructed in the above real estate;

(c) All rights related to the above projects, such as design expenses, grave relocation equipment, rental and civil petition settlement expenses, unpaid rent, unpaid rent, building site A in the above golf course, lease right to the above military building site in the above golf course, and rent for the construction of the above golf course, etc.;

(d) The shareholders and foreign photographs of Gap prior to the date of this contract shall be all the legal status and rights relating to Gap's club to Eul (and subject persons designated by Eul).

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